People v. Ritter 194 SCRA 690

FACTS: On or about October 10, 1986, Ritter brought Jessie Ramirez and Rosario Baluyot in a hotel room in Olongapo. Ritter masturbated Jessie and fingered Rosario. Afterwards, he inserted a foreign object to the vagina of Rosario. The next morning, Ritter gave Jessie 200, and Rosario 300. Rosario told Jessie that Ritter inserted an object inside her vagina. Sometime the following day, Rosario said that the object has already been removed from her vagina. On May 14, 1987, Alcantara saw Rosario with bloody skirt, foul smelling. Rosario was brought and confined to Olongapo City general Hospital. An OB-Gyne tried to remove the object inside her vagina using forceps but failed because it was deeply embedded and covered by tissues. She was having peritonitis. She told the attending physician that a Negro inserted the object to her vagina 3 months ago. Ritter was made liable for rape with homicide. RTC found him guilty of rape with homicide.

ISSUE: W/N Ritter was liable for rape and homicide

HELD: No. The prosecution failed to prove that Rosario was only 12 years old when the incident with Ritter happened. And that Rosario prostituted herself even at the tender age. As evidence, she received 300 from Ritter the following morning. A doctor/specialist also testified that the inserted object in the vagina of Rosario Baluyot by Ritter was different from that which caused her death. Rosario herself said to Jessie the following day that the object has been removed already. She also told the doctor that a Negro inserted it to her vagina 3 months ago. Ritter was a Caucasian.

However, it does not exempt him for the moral and exemplary damages he must award to the victim’s heirs. It does not necessarily follow that the appellant is also free from civil liability which is impliedly instituted with the criminal action. Ritter was deported.